Mr.D.Vinayagam And Another v. Mrs.Zulaiha

A.No.1047 of 2021 in C.S.No.828 of 2017 R. PONGIAPPAN, J.

The defendants in C.S.No.828 of 2017 have filed this application under Order XIV Rule 8 of the Original Side Rules r/w. Order IX Rule 7 of Code of Civil Procedure, praying to set aside the ex parte order, dated 12.02.2021, passed against them.

2.It is an admitted fact that, on 12.02.2021, for the reason that the applicants/defendants have not filed their written statement, this Court passed an order of ex parte against them. Today, they have filed this application praying to set aside the said order. Along with this application, they have enclosed the written statements of the defendants 1 and 2. In otherwise, the learned counsel appearing for the plaintiff did not raise any serious objection.

3.Therefore, for the reason that this application has been filed within a month and also for the reason that the written statements of the defendants

1 and 2 are also enclosed along with this application, this application is allowed, and the ex parte order, dated 12.02.2021, passed against the applicants/defendants, is set aside. The written statements of the defendants 1 and 2 are received.

Post the suit on 25.03.2021 for framing issues. 11.03.2021 mkn

R. PONGIAPPAN, J.

mkn A.No.1047 of 2021 in C.S.No.828 of 2017 11.03.2021